Sinusitis decisions — 2011

The Board found no current diagnosis of sinusitis and denied the Veteran's claim for service connection for sinusitis. The issue of increased rating for CAD, status post MI, was also addressed but not further specified in terms of outcome.

The Board finds that the Veteran's July 8, 1977 claim for compensation will be construed as his formal claim for service connection for sinusitis. The effective date for sinusitis is set at June 25, 1977, which is the day following the Veteran's separation from active service.

The Veteran's service connection claims for various conditions, including macules on the tongue, bronchitis, asthma, sinusitis, a heart murmur, hypertension (HTN), right and left carpal tunnel syndromes, bilateral pes planus, low back disability, residuals of salpingo-oophorectomy, and psychiatric disorders have been granted.

The Board denied the Veteran's claim for a higher evaluation for his service-connected sinusitis and rhinitis with headaches, finding that the current 50 percent rating is the maximum allowed under the applicable diagnostic codes.

The Veteran's episodic positional vertigo is currently evaluated as 10 percent disabling, but the Board finds that a higher 30 percent evaluation is warranted for the entire appeal period due to occasional dizziness and occasional staggering.,The Veteran's chronic sinusitis is currently evaluated as noncompensably disabling. The Board finds that a 30 percent evaluation is warranted based on three or more incapacitating episodes per year of sinusitis requiring prolonged antibiotic treatment.

The Board denied service connection for various conditions, finding that the evidence did not support a link to service or service-connected disabilities.

The Board found that the Veteran's sinusitis and allergic rhinitis are not service-connected, as there is no evidence of a current disability. The low back disorder was also denied due to lack of evidence showing its onset in service or within one year after service.

The Veteran's appeal is being remanded for additional development, including obtaining her SSA disability benefits records and providing an addendum to the service-connected disabilities VA examination.

The Veteran's appeal of her claims for a temporary total evaluation based on treatment for service-connected disabilities and TDIU was dismissed due to her withdrawal prior to the Board's decision.

The Veteran developed sinusitis after VA dental treatment in October 1996, and the condition was found to be service-connected based on a direct link between the treatment and the disability.

The Board has determined that the Veteran's sinusitis does not meet or approximate the criteria for a disability evaluation in excess of 10 percent, as there is no evidence of incapacitating episodes or more than six non-incapacitating episodes per year.

The Veteran's claim for a temporary total rating due to treatment for service-connected sinusitis is denied as her condition did not meet the criteria under 38 C.F.R. § 4.29 or § 4.30.

The Board has dismissed the appeals for service connection for a sleep disorder, sinusitis, and left ankle sprain as these issues have been withdrawn by the Veteran. The remaining claims of entitlement to initial disability evaluations for bilateral hearing loss, residuals of bunionectomy of the left foot, residuals of bunionectomy of the right foot, and impingement syndrome of the left shoulder (dominant) wrist are denied.

The Board found that new and material evidence has not been received to reopen claims for service connection for sinusitis, an ear condition, residuals of pneumonia, or a deviated nasal septum. The Veteran's current conditions are not related to his military service.

The Veteran's appeal is being remanded to the RO for scheduling a Travel Board hearing. The issues of service connection, rating for cervical spine disorder, and rating for sinusitis are still pending.

The Board has ordered a remand due to the need for an examination regarding whether the Veteran's sinusitis and headaches are related to his military service. The issues of service connection remain pending.

The Veteran's claim for service connection for sinusitis is granted. The Board finds that his pre-existing sinusitis condition was aggravated by military service, and he is entitled to a grant of service connection based on aggravation.

The Board has determined that the Veteran does not have a current diagnosis of headaches other than those associated with allergic rhinitis and episodic sinusitis. Therefore, service connection for this issue is denied.

The Veteran's initial schedular rating for chronic sinusitis remains at 30 percent, as his symptoms do not meet the criteria for a higher rating based on radical surgery with chronic osteomyelitis or near constant sinusitis.

The Veteran's service-connected conditions of chronic vertigo, hypertension, and chronic sinusitis have been granted increased evaluations. The Veteran is now eligible for a 10% evaluation for each condition.